THE SENATE
S.B. NO.
1393
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE USE OF PUBLIC LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that requiring the school facilities authority to consult with the department of education ensures that any decision to transfer or lease state lands to the school facilities authority reflects a collaborative process with the overseeing department. This consultation requirement further ensures that any transfer or lease agreement aligns with the department of education's operational goals and long-term strategic planning. Incorporating this consultation requirement further ensures a more transparent and balanced approach to land management for public benefit.
The legislature further finds that, by requiring the school facilities authority to consult with the department of education and other impacted departments or agencies prior to initiating or requesting any land transfers, the department of education or other impacted department or agency, as the entity most familiar with the land use and requirements under its jurisdiction, will have the opportunity to fully assess the impacts of transferring control and ownership. The department of education's or other impacted department's or agency's assessment can then be shared with the school facilities authority for consideration. The requirement for the school facilities authority to consult with the department of education will prevent any unintentional disruption of the department of education's exclusive and primary mission to provide student learning and achievement.
The purpose of this Act is to promote a practical, balanced, and cooperative approach to state land management by requiring consultation with the department of education or other impacted department or agency before any transfer or lease of land or property owned or occupied by the department of education or other impacted department or agency to the school facilities authority. This amendment ensures that the school facilities authority's land use decisions align with the department of education's operational and strategic goals.
SECTION 2. Section 302A-1705, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) If state lands, other than public lands, under the control and management of another department or agency[Underlined: ,] are [[Struck through: required]] [Underlined: identified] by the authority for purposes of this chapter, the [Underlined: authority shall consult with the] department or agency having control and management of the [[Struck through: required]] [Underlined: identified] lands, [[Struck through: upon a request by the authority]] and[Underlined: ,] with the approval of the governor, [Underlined: the impacted department or agency] shall convey title or lease those [Underlined: identified] lands[Underlined: , or an agreed upon portion thereof,] to the authority upon terms and conditions as may be agreed to by the [[Struck through: parties;]] [Underlined: impacted department or agency;] provided that at the request of the authority, [Underlined: and upon consultation with the department of education,] the department [Underlined: of education] shall transfer any [Underlined: identified] land [Underlined: or an agreed upon portion thereof,] to which it holds [[Struck through: title]] [Underlined: ownership rights] to the authority[[Struck through: .]] [Underlined: upon terms and conditions as may be agreed to by the parties for the purposes of this chapter.]"
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
SFA; DOE; Public Lands Transfer
Description:
Requires the School Facilities Authority to consult with the Department of Education and other impacted departments or agencies prior to the conveyance of ownership rights or lease of lands to the School Facilities Authority.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.